Solicitud directa (CEACR) - Adopción: 1995, Publicación: 82ª reunión CIT (1995)

Article 2(2)(e) of the Convention

The Committee notes the Government's indication in its report that minor communal services, whether small and quickly performed or bigger and more time-consuming, are discussed between the village chief and a local authority or, where the chief is the authority, he determines the category of minor communal services and then persuades the people to take part voluntarily.

The Committee also has taken note of sub-Decree No. 10 SDEC of 28 February 1994, Creating a Workday for Irrigation and Agriculture.

Under article 3 of this sub-decree, "all people, armed forces, officials and public servants" have an obligation to perform irrigation work for 15 days a year, and students for seven days a year. Referring to this sub-decree, a Decision (No. 27) of Battambang Province "On the setting up of an agriculture water policy committee", dated 15 March 1994, provides that: "This year all officials and public servants, armed forces and people across the province of Battambang shall perform agriculture work for 15 days from 21 March to 5 April 1994 ... . Students owe seven days in agricultural work from 21 to 27 March 1994." The work is to "Rehabilitate Canal No. II from Ban Say Treng village to Kien Kes village in Battambang district" with a length of 2,500 m and a volume of 22,506 m3.

The Committee refers to the explanations provided in paragraph 37 of its 1979 General Survey on the Abolition of Forced Labour, where it has drawn attention to the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services which, under the terms of the Convention, must be abolished (such as forced labour for general or local public works). These criteria are as follows:

- the services must be "minor services";

- the services must be "communal services" performed "in the direct interest of the community";

- the "members of the community" (i.e. the community which has to perform the services) or their "direct" representatives (e.g. the village council) must "have the right to be consulted in regard to the need for such services".

The work under sub-Decree No. 10 SDEC of 28 February 1994 does not appear to meet these criteria: the length of service required (seven or 15 days a year) goes beyond "minor services" and, where the whole labour force of a province is to work on a single worksite, the services are not "communal services"; lastly, no consultation appears to have taken place with those who are to perform the work or their direct representatives in regard to the need for their services.

The Committee requests the Government to review sub-Decree No. 10 SDEC of 28 February 1994 and any decisions made thereunder and to indicate the measures taken or envisaged to ensure the observance of the Convention.